Wage and Hour Over-Time

News & Analysis as of

States May Step Into Void Created by Demise of DOL’s Overtime Rule

Since the Department of Labor announced the new overtime rule last May, we have been closely following its rocky implementation in a series of posts. Presently, the rule – which would render an estimated 4 million workers...more

3 Class Actions, 3 Motions to Compel Arbitration, 1 Class Action Survives

The Ninth, Sixth, and Third Circuits all recently issued decisions about whether putative class or collective actions could proceed despite the existence of arbitration clauses. In two of those decisions, the courts found...more

Another Joint Employer Test Makes Its Debut

On January 25, 2017, a federal appeals court that covers Maryland, Virginia, West Virginia, and North and South Carolina was the latest to craft a joint employer test, holding that a Maryland general contractor was the joint...more

From Swimsuits to Grass Fed Beef: A New Direction for Labor?

The United States Senate is slated to consider Andrew (Andy) Puzder, CEO of CKE Restaurants, as the next Secretary of Labor (“DOL”). Although his confirmation hearing which was set for February 7, 2017 has been delayed...more

USDOL Should Retract Fluctuating-Workweek Commentary

Readers will recall that, in 2011, the U.S. Department of Labor undertook to discourage the use of fluctuating-workweek pay plans under the federal Fair Labor Standards Act. This compensation method calls for paying a...more

"Trump Expected to Alter Labor Laws, Policies"

Editor’s note: This article was updated on February 1, 2017, to reflect new developments. While President Donald Trump has not discussed in detail how he plans to address labor and employment issues, he likely will...more

President Trump Says “Not So Fast” — The Future of Overtime, Fiduciary, and Pay Reporting Rules Remains Uncertain Under the Trump...

On January 20, 2017, shortly after Donald Trump became the 45th President of the United States, his Chief of Staff, Reince Priebus, issued an Executive Memorandum mandating a 60-day freeze on published federal regulations...more

The New Overtime Rule – The Plot Thickens

This is a brief update to the court machinations in the DOL’s appeal of the Texas Court’s decision to issue a preliminary injunction barring the implementation of the Final Overtime Rule. That appeal is now before the Court...more

New Rules, New Secretary? As Spring Inches Closer, We’re Getting Warmer.

Will the Department of Labor’s new overtime rule go into effect? When will a new Secretary of Labor be confirmed? We don’t have the answers just yet, but a lot has happened over the last few weeks to inch us closer. As things...more

Oregon Changes Interpretation of Overtime Laws, Advising Certain Employers to Double Count Daily and Weekly Overtime Payments

Between December 2016 and January 2017, the Oregon Bureau of Labor and Industries (BOLI) instituted a significant change in its historic treatment of the interplay between two statutes that provide for daily and weekly...more

Open for Business: Puerto Rico Enacts Sweeping Labor Reform

Employer-friendly revisions to attract new businesses and facilitate operations for existing enterprises signals a new era of labor flexibility in Puerto Rico. On January 26, 2017, weeks after being sworn in as the...more

Latest Developments from the Connecticut General Assembly: January 31st Public Hearing

On Tuesday, January 31, 2017, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills: Proposed H.B. No. 5151 AN ACT CONCERNING TIMETABLES FOR MUNICIPAL...more

Fluctuating-Workweek Plans: Don't Forget State Law!

Many employers have responded to the U.S. Department of Labor's ongoing efforts to increase the pay-related requirements for the federal Fair Labor Standards Act's "white collar" exemptions by making tough decisions about...more

2017 Indiana Legislative Update: Employment Law Bills to Watch

The Indiana General Assembly returned for its 2017 session on January 3, 2017. While the budget is a central focus this year, there are many employment-related bills that have been introduced that could have a significant...more

Trump leaves DOL OT rules on life support - For Now

President Trump has had a busy week since his inauguration: ordering construction of a wall, starting to unwind the ACA, arguing with the media about how many people attended his inauguration – the list goes on. One thing...more

Daily Trumpdate: DOL Requests Extension In Overtime Case

Dum-da-dum-dum! Bloomberg BNA reports that the U.S. Department of Labor, which is the defendant in a lawsuit challenging the rule regarding white-collar exemptions to the overtime provisions of the Fair Labor Standards...more

Puerto Rico Approves Major Reform of its Employment Laws

On January 26, 2017, the Governor of Puerto Rico approved the Labor Transformation and Flexibility Act (“the Act"). The Act makes substantial changes to virtually all existing Puerto Rico employment laws, including those...more

Service Advisors at Auto Dealerships Not Exempt, Says the Ninth Circuit

On January 9, 2017, the Ninth Circuit issued its opinion in Navarro v. Encino Motorcars, LLC, on remand from the United States Supreme Court. It held, once again, that service advisors at car dealerships are not exempt from...more

The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more

Manufacturing Law Predictions for 2017:  Labor and Employment

As has been our tradition, January is the time to predict the big developments in the coming year which will impact on manufacturers. Notwithstanding my “Lawyer’s Shrug,” here is my take on 2017....more

The Trump Card: What’s In Store for the Workplace in 2017 and Beyond?

On November 3, 2016, the National Labor Relations Board issued a Decision and Order in Trump Ruffin Commercial, LLC, finding that the Trump International Hotel, Las Vegas unlawfully refused to bargain with UNITE HERE...more

Fenwick Employment Brief

California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and...more

Exploring FLSA Section 7(i) — Can You Use it to Exempt Commissioned Employees from Overtime?

A common question we often get asked by our health and country club clients is whether their trainers, tennis and golf professionals, and other similar employees may be considered commissioned employees of “retail or service...more

Employment law changes will be coming with the Trump Administration: What should employers expect?

Today is Inauguration Day, and it is safe to assume that significant policy and enforcement changes will be made during the presidency of Donald J. Trump. Those changes will include new judges on the federal courts, new...more

What Will Employers Face After Tomorrow?

Employers across the country will be watching to see how and if President-Elect Trump’s positions on labor and employment issues materialize after his inauguration. He hasn’t been as vocal on labor and employment issues as...more

854 Results
|
View per page
Page: of 35
Popular Topics

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×